The moving party sought to discharge a certificate of pending litigation obtained ex parte by the responding party in connection with a disputed agreement of purchase and sale for development land.
The motion alleged failure to provide full and frank disclosure on the ex parte motion, absence of a reasonable claim to an interest in land, and requested discretionary discharge under s. 136(6) of the Courts of Justice Act.
The court held that the affidavit filed on the ex parte motion adequately disclosed the material facts and fairly summarized the parties’ positions.
The responding party demonstrated a reasonable claim for specific performance and established that the property was unique in light of its intended commercial redevelopment and rezoning efforts.
Balancing the equitable factors, including potential harm and difficulty of assessing damages, the court declined to discharge the certificate.
